Agenda and minutes

The Chair welcomed everyone to the January meeting of the Scrutiny Board (Regeneration).

To identify items which have been admitted to the agenda by the Chair for consideration.

(The special circumstances shall be specified in the minutes.)

The Chair agreed to accept a late item of business in relation to a report on the process for the registration of land as town and village greens (Agenda Item 9) (Minute 69 refers).

The report was not available at the time of the agenda despatch due to a delay in the report clearance process.

In addition to the above document, a copy of the Consultant’s report entitled ‘Investment and Modernisation Strategy for Leeds Kirkgate Market – December 2011’ prepared by Quarterbridge Project Management Ltd was circulated for the information/comment of the meeting (Agenda Item 7 (a)) (Minute 68 refers). The Consultant’s report was not circulated with the agenda as it had not been released as a public document at the time the agenda for today’s meeting had been despatched.

It was noted that copies of the above documents had been made available on the Council’s website immediately on receipt and prior to today’s meeting.

To declare any personal / prejudicial interests for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct.

The following personal declarations of interest were made:-

• Councillor R Grahame in his capacity as a member of GMBATU trade union and as a Director of East North East Homes ALMO (Agenda Item 8) (Minute 70 refers)
• Councillor B Atha in his capacity as ward member for Kirkstall in supporting residents who wish to register land as a new town or village green under the provisions of Section 15 of the Commons Registration Act 2006. (Agenda Item 9) (Minute 69 refers)

To receive any apologies for absence and notification of substitutes

Apologies for absence were received on behalf of Councillors P Ewen, G Hussain, M Iqbal, K Mitchell and G Wilkinson.

Notification had been received for Councillor P Grahame to substitute for Councillor K Mitchell and for Councillor R Grahame to substitute for Councillor G Hussain.

To confirm as a correct record, the minutes of the meeting held on 19^th December 2011.

RESOLVED – That the minutes of the meeting held on 19^th December 2011 be confirmed as a correct record.

a) Review of Strategic Housing Land Availability Assessment (SHLAA) 

  (Minute 58 refers)

  Mr G Hall informed the meeting that a copy of the 2011 Leeds Strategic 

  Housing Land Availability Assessment update was now available on the 

  Council’s website with parts 1, 2 and 3 of the 2011 report.

  At the request of the Chair, the Board’s Principal Scrutiny Adviser agreed 

  to e mail the Board with a link to the website on this issue.

a)  Consultant’s Report on the Future of Kirkgate Market

To consider a report of the Head of Scrutiny and Member Development on the latest developments with regards to the Consultants draft report on the future of Kirkgate Market.

b)  Provision of additional information regarding Leeds Kirkgate 

  Market

  To consider a report of the Head of Scrutiny and Member Development   on additional information regarding Leeds Kirkgate Market.

a)  Consultation Report on the Future of Kirkgate Market

Referring to Minute 47 of the Scrutiny Board (Regeneration) meeting held on 29^th November 2011, the Head of Scrutiny and Member Development submitted a report on the availability of the Consultant’s report on the future of Kirkgate Market.

The Chair reported that as a consequence of his discussions with the Executive Board Member for Development and the Economy, the Consultant’s final report entitled ‘Investment and Modernisation Strategy for Leeds Kirkgate Market – December 2011’ which had been prepared by Quarterbridge Project Management Ltd had been released as a public document and circulated as supplementary information for discussion at today’s meeting. This was in advance of the Executive Board meeting which was to consider this matter on 10^th February 2012.

The following representatives were in attendance and responded to Members’ queries and comments:-

-  David Outram, Chief Officer, Public Private Partnership Unit,

Resources

-  Craig Taylor, Public Private Partnership Unit,

Resources

-  Cath Follin, Head of City Centre and Markets, City Development

-  Sue Burgess, Manager, Leeds Markets, City Development

-  Councillor G Harper, Lead Member, Development and the Economy

-  Liz Laughton, Chair of National Markets Traders’ Federation (NMTF) Leeds (Kirkgate Branch)

-  Michele Hocken, National Market Traders' Federation (NMTF) (Kirkgate Branch)

-  Simon Jones, Consultant, Leeds Markets (Kirkgate Branch)

The Chair outlined that the purpose of the meeting was now for the Board Members to comment on the Consultant’s final report and to make any recommendations or observations prior to it being considered at the Executive Board meeting on 10^th February 2012. The Chair made it clear to the market traders that the Council had not formulated any position at this stage on any of the Consultant’s proposals.

The Chair invited David Outram, Chief Officer, Public Private Partnership Unit, Resources Directorate as Chair of the Project Board to provide the meeting with background information on the Consultant’s report with specific reference to the sections relating to the Client brief; Executive summary and action list; size of the future market and the options available.

In summary, the Board made reference to the following issues:-

·  clarification as to the terms of reference and brief provided to the Consultant’s by the Directorate

·  concern that Members thought that the Executive Board had wanted the Consultant to come forward with a range of options for the future management and operation of the market not as a single option based on a Limited Liability Partnership

·  support for the Council retaining ownership of Kirkgate market and for it being run as an arms length company along the same lines as the Grand Theatre Board of Management, ALMOs  or the Leeds Arena

·  concern at the proposal to grant a 99 year lease to the Limited Liability Partnership with the possibility of extending this for a further period

·  clarification of the Limited Liability Partnership and the role of Elected Members within this process

·  clarification of the scheme and  ...  view the full minutes text for item 68.

To consider a report of the Director of Resources on the process for dealing with applications for Town and Village Greens.

(Report to follow)

Referring to Minute 60 of the meeting held on 19^th December 2011, the City Solicitor submitted a report on the process for the registration of land as town and village greens.

The following representatives were in attendance and responded to Board Members’ queries and comments:-

-  Caroline Allen, Head of Development and Regulatory, Legal Services

-  Joel Levine, Legal Officer, Legal Services

Prior to discussing this item, the Board noted that at the next meeting in February there was an intention to bring a further report on the issue looking at specific case studies.

In summary, specific reference was made to the following issues:-

• clarification of the legal fees incurred in relation to three specific applications within the Kirkstall ward and the importance of retaining a clear divide between the Council’s role as Commons Registration Authority for town and village greens and the City Development Directorate’s role as land owner

(The City Solicitor responded and outlined the costs incurred to date)

·  reference was made to the fact that the City Development Directorate was opposing these three applications and clarification was sought as to whether there was any downside in the Directorate withdrawing their objections and allowing the three applications to proceed and for the applicants to present their case to the appropriate plans panel

(The City Solicitor responded and stated that this would be addressed in the joint report coming before the Board in February 2012)

• clarification of the process in relation to objections received from landowners and whether there were any previous examples available

Following discussions, Councillor B Atha requested that the Board invite the Chief Officer and appropriate Executive Board Member for City Development to attend a future meeting to explain why they had rejected this Board’s proposal to submit a late response to Defra based on a submission made by the Open Space Society.

Councillor Atha then proposed that the Board consider approving the following recommendations:-

-  that the City Development Directorate withdraw its opposition to the three specific applications within the Kirkstall ward to allow the residents to make the case or not to the appropriate Plans Panel

-  that it would be unnecessary to engage legal advisers to assist the Plans Panel in considering these three applications when they came before Panel for determination

RESOLVED –

a)  That the contents of the report be noted.

b)  That consideration of the above recommendations be deferred pending submission of a joint report on this issue to its February meeting to include the City Development Directorate’s specific reasons for its opposition to the three specific applications within the Kirkstall ward to enable the Board to take an informed view.

c)  That the joint report include details of other sites where applications are outstanding for Town and Village Green status.

d)  That the joint report outline alternative methods for protecting and preserving green space.

(Councillor J Harper left the meeting at 10.40am during discussions of the above item)

(Councillor B Atha left the meeting at 10.50am during  ...  view the full minutes text for item 69.

To consider a report of the Head of Scrutiny and Member Development on the financial health monitoring for the City Development Directorate.

The Head of Scrutiny and Member Development submitted a report on the financial health monitoring for the City Development Directorate.

Appended to the report were copies of the following documents for the information/comment of the meeting:-

• Report of the Director of Resources – Initial Budget Proposals – Executive Board – 14^th December 2011
• City Development Directorate: 2011/12 Budget – Period 7 Report
• Report of the Director of Resources – Financial Health Monitoring 2011/12 – Month 8

The following representatives were in attendance and responded to Members’ queries and comments:-

-  Ed Mylan, Chief Officer, Resources and Strategy, City Development

-  Simon Criddle, Head of Finance, City Development

In summary, specific reference was made to the following issues:-

• clarification if additional advertising on litter bins, street furniture etc had been exhausted by the department

(The Chief Officer, Resources and Strategy responded and informed the meeting that this issue had not been ruled out during 2012/13)

• clarification as to whether the implications of the Localism Bill had been taken into consideration
• the need to focus on the continuation of ongoing areas of work around Neighbourhood planning, the Community Infrastructure Levy, the decline in income from planning applications and car parks
• the number of major schemes being implemented by the Directorate and whether they would be completed on time
• clarification of the other budget pressures in relation to the Olympics, Joint Service Centre costs, reduction in Arts Grants and fees and income in Highways with particular reference to bus lane cameras

RESOLVED –

a)  That the contents of the report and appendices be noted.

b)  That this Board notes the projected financial position of the City Development’s Directorate after eight months of the financial year 2011/12 and the initial budget proposals for 2012/13, together with the budget details of Environment and Neighbourhoods which were relevant to this Board’s responsibilities.

c)  That the Board’s Principal Scrutiny Adviser be requested to follow up the two separate issues raised by Councillor R Grahame in relation to the number of externally provided residential and fostering placements in Children’s Services and on the required savings in council tax benefits of £5.6m arising from Welfare Reform.

(Councillor P Grahame left the meeting at 12.45pm during discussions of the above item)

To consider a report of the Head of Scrutiny and Member Development on the Board’s work schedule for the remainder of the year.

The Head of Scrutiny and Member Development submitted a report providing Members with a copy of the Board’s current draft work schedule. The Executive Board minutes of 4^th January 2012, together with the Forward Plan of Key Decisions for the period 1^st January 2012 to 30^th April 2012 were also attached to the report.

RESOLVED-

a)  That the contents of the report and appendices be noted.

b)  That the Executive Board minutes of 4^th January 2012, together with the Forward Plan of Key Decisions for the period 1^st January 2012 to 30^th April 2012 be noted.

c)  That the Board’s Principal Scrutiny Adviser be requested to revise the work schedule to incorporate the recommendations made at today’s Board meeting.

Tuesday 28^th February 2012 at 10.00am in the Civic Hall, Leeds (Pre-meeting for Board Members at 9.30am)

Tuesday 28^th February 2012 at 10.00am in the Civic Hall, Leeds (Pre-meeting for Board Members at 9.30am)

(The meeting concluded at 12.50pm)